Siri Sued: Apple Accused of False Advertising

Bringing frustration with technology to a whole new level, a New York man has sued Apple, Inc. because he says the Siri feature does not work as advertised.

Frank Fazio filed a class action complaint against the California-based company, saying the Apple commercials for the iPhone 4S "conveyed the misleading and deceptive message that the iPhone 4S's Siri feature, a so-called voice-activated assistant, performs useful functions and otherwise works as advertised."

The complaint outlines several functions consumers are led to believe Siri can complete.

"In many of Apple's television advertisements, individuals are shown using Siri to make appointments, find restaurants, and even learn the guitar chords to classic rock songs or how to tie a tie."

But Fazio says outside of the commercial, that is not the case.

"In the commercials, all of these tasks are done with ease, with the assistance of the iPhone 4S's Siri feature, a represented functionality contrary to the actual operating results and performance of Siri."

Fazio, who is represented by Robbins Geller Rudman & Dowd LLP, purchased an iPhone 4S in November and claims he would not have bought an iPhone 4S if it weren't for the misleading commercials.

"The iPhone 4S's Siri feature does not perform as advertised, rendering the iPhone 4S merely a more expensive iPhone 4," the complaint reads. "Plaintiff would not have paid the price he paid for the iPhone 4S, if he had not seen these representations."

The complaint was filed on behalf of Fazio and "all other similarly situated consumers who purchased the iPhone 4S," which the complaint says could be more than 33 million people based on the financial results Apple released for its fiscal 2012 first quarter.

Fazio has filed the complaint in an attempt "to halt the dissemination of Apple's false and misleading advertising message, and to obtain redress for those who have purchased an iPhone 4S."